VIC Ex Not Complying with Court Orders - Contravention Order?

[Jerome Fomalhaut]

Hi all,

My ex was ordered to transfer his interest in the property I live into me, but has not complied after a few years. It was a nasty break up and I have nothing to do with my ex nor do I want to. Is my best bet to apply for a contravention order?

Thanks

 

[sammy01]

You need to get onto this asap. At some point, you're gonna want to sell the thing. As it stands the ex is still a legal owner, so, for example, you died, he would have a claim on the property. You should go back to the solicitor who helped with gaining the original orders and take their advice.

 

[Jerome Fomalhaut]

Thanks, I didn't have a solicitor, I couldn't afford one, I fought the case myself. The ex didn't really have a case then, not sure that he has one now, I just need some pointers as to what action to take now.

 

[Atticus]

I just need some pointers as to what action to take now.

First thing is to confirm that he is aware of his obligation to transfer his interest and that he is in breach of the order... To do that you send him a letter with a copy of the order, outlining what part of the order he is in breach of... Notify him in the letter that he has xxx number of days/weeks to comply or you will be seeking enforcement through the court plus all legal and courts costs involved..

 

[Rod]

FYI a court can order the titles office to make the change.

Issue is whether the ex is on the mortgage.

 

[Jerome Fomalhaut]

FYI a court can order the titles office to make the change.

Issue is whether the ex is on the mortgage.

Thanks. The order was for ex to make arrangements to transfer the title to me, and for me to ask the bank to refinance in my name only. One of the orders was for me to indemnify ex from mortgage repayments, which I have done.

Will the titles office accept the order as is given that ex has refused to comply? I'd really like to avoid you g back to court if possible.

 

[Rod]

Will the titles office accept the order as is given that ex has refused to comply?

Unlikely. Suspect you need another court order directed to the titles office.

And ask for a costs order at the same time if you have any costs, even if only court fees. If you need help let me know and I'll see if I can arrange costs at scale rates.

 

[CSFLW]

Without seeing the orders, you would normally apply for an enforcement order in property matters.